BOARD DATE:	  18 May 2010

		DOCKET NUMBER:  AR20090019380 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Air Medal (Second through Eighteenth Awards), the Air Medal (Nineteenth Award) and "V" Device, and the Army Commendation Medal.   

2.  The applicant states that the awards were received after his discharge but they are not reflected on his DD Form 214. 

3.  The applicant provides a copy of General Orders Number 1345, 2168, and 1407, issued by the U.S. Army Vietnam (USARV), on 21 April 1971, 23 June 1971, and 26 April 1971, respectively, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2.  The applicant's records show he was inducted into the Army of the United States on 23 July 1969 and held military occupational specialty 91B (Medical Specialist).  

3.  His records also show he served in the Republic of Vietnam from on or about 13 January 1970 to on or about 24 February 1971.  He was assigned to the 236th Medical Detachment, 61st Medical Battalion. 

4.  He was honorably released from active duty in the rank/grade of specialist five (SP5)/E-5 on 25 February 1971 and he was transferred to the U.S. Army Reserve (Annual Training) to complete his Reserve obligation.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, Air Medal, Republic of Vietnam Campaign Medal with "1960" Device, Aircraft Crewmember Badge, Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), and Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

6.  Headquarters, USARV, published the following orders:

	a.  General Orders Number 1306, dated 17 July 1970, awarding him the Air Medal for meritorious achievement while participating in sustained aerial flight in support of combat ground forces in Vietnam.

	b.  General Orders Number 1345, dated 21 April 1971, awarding him the Air Medal (Second through Eighteenth Awards) for meritorious achievement while participating in aerial flight in support of combat ground forces in Vietnam from 15 May 1970 to 11 February 1971.

	c.  General Orders Number 1407, dated 26 April 1971, awarding him the Army Commendation Medal for meritorious service from January 1970 to February 1971.

	d.  General Orders Number 2168, dated 23 June 1971, awarding him the Air Medal with "V" Device (Nineteenth Award) for heroism while participating in aerial flight in Vietnam.  The orders cited the following action:

[Applicant] distinguished himself while serving as a medical aid man aboard a helicopter ambulance during a rescue operation of a seriously wounded American Soldier of the Americal Division.  As his airship descended into the landing zone, [Applicant] exposed himself to enemy fire in order to clear the aircraft of obstacles.  Then he was lowered from the helicopter and successfully hoisted the casualty onboard.  Once aboard, [Applicant] administered life saving technique to the patient.   

7.  A review of the applicant's records indicates his entitlement to additional awards which are not listed on his DD Form 214.

8.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during his service with the 236th Medical Detachment in Vietnam, his unit was awarded the Meritorious Unit Commendation from 1 July 1970 to 30 November 1971, based on Department of the Army General Orders (DAGO) Number 5, dated 1973, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on DAGO Number 8, dated 1974.

9.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Winter-Spring 1970 (1 November 1969 to 30 April 1970), the DA Sanctuary Counteroffensive (1 May 1970 to 30 June 1970), and the Vietnam Counteroffensive, Phase VII (1 July 1970 to 30 June 1971) campaigns during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

10.  A review of his service record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Furthermore, Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his military service.

11.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had completed a qualifying period of active duty enlisted service.  This period was
3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the Army Commendation Medal and additional awards of the Air Medal.
2.  General orders awarded him the Army Commendation Medal for meritorious service which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.  

3. General orders awarded him 19 awards of the Air Medal for meritorious achievement, one with a "V" Device for heroism while engaged in aerial flight in connection with military operations against a hostile force on 25 March 1969, which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show 19 awards of the Air Medal and the "V" Device.

4.  The evidence of record shows he was awarded the Vietnam Service Medal.  Additionally, his records show he participated in three campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show the Vietnam Service Medal with three bronze service stars.

5.  General orders awarded his unit the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these unit awards. 

6.  The evidence of record confirms he served honorably from 23 July 1969 through 25 February 1971.  He received "excellent" conduct and efficiency rating throughout his military service, attained the rank/grade of SP5/E-5, and was awarded multiple combat awards.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

BOARD VOTE:

___x_____  ___x_____  ___x__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION





BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from his DD Form 214 the Air Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 23 July 1969 through 25 February 1971; and

	c.  adding to his DD Form 214 the Air Medal with Numeral 19 and "V" Device, Army Good Conduct Medal (1st Award), Army Commendation Medal, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.



      _______ _   _x______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20090019380



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ABCMR Record of Proceedings (cont)                                         AR20090019380



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